Study shows immigration reporting law has high cost for Colorado

Article author: 
Nancy Lofholm
Article publisher: 
Denver Post
Article date: 
5 December 2012
Article category: 
Colorado News
Medium
Article Body: 

12/05 1:24 PM    – A six-year-old Colorado law that requires local law enforcement to report suspected illegal immigrants to federal authorities is costing local agencies in the state more than $13 million annually, according to a study released Wednesday. 

The Colorado Fiscal Institute's study tallies the cost of arresting, reporting and detaining undocumented immigrants and found that they spend an average of 22 days longer in county jails than other arrestees and that local communities are paying that cost.
 
The law the study focuses on — SB 90 — requires law enforcement officers to report suspected undocumented foreigners who are arrested on a criminal offense to Immigration and Customs Enforcement. The law has been controversial because immigrants' rights groups believes it leads to racial profiling. Opponents also argued, when the law was passed, that it would be a financial burden for local law enforcement agencies.

SB 90 also has been called unnecessary because the 4-year-old federal Secure Communities law makes it redundant. Secure Communities requires the fingerprints of every arrested person to be submitted to Immigration and Customs Enforcement for a citizenship check.

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CAIRCO Research and Background information
 
The Fiscal Burden of Illegal Immigration on United States Taxpayers, a new detailed fiscal cost study issued in 2010 - In our cost estimates we also include the minor children of illegal aliens born in the United States. 
 Federation for American Immigration Reform (FAIR) estimates that the annual fiscal burden on Colorado taxpayers from illegal immigration is nearly $1.1 billion. That equates to an annual cost of about $612 per native-born headed household. In addition, there is a cost to the state’s economy of roughly $730 million to $1 billion resulting from remittances sent abroad. Estimated tax collections from the illegal alien population of about $160 million would reduce the average per non-illegal immigrant headed household burden to about $520 per year.  Read the full report in pdf format.
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29-29-103.  Cooperation with federal officials regarding
immigration status.  (1)  NO LOCAL GOVERNMENT, WHETHER ACTING
THROUGH ITS GOVERNING BODY OR BY AN INITIATIVE, REFERENDUM, OR ANY
OTHER PROCESS, SHALL ENACT ANY ORDINANCE OR POLICY THAT LIMITS OR
PROHIBITS A PEACE OFFICER, LOCAL OFFICIAL, OR LOCAL GOVERNMENT
EMPLOYEE FROM COMMUNICATING OR COOPERATING WITH FEDERAL
OFFICIALS WITH REGARD TO THE IMMIGRATION STATUS OF ANY PERSON
WITHIN THIS STATE.
 
(3)  A LOCAL GOVERNMENT THAT VIOLATES SUBSECTION (1) OF THIS
SECTION OR PARAGRAPH (b) OF SUBSECTION (2) OF THIS SECTION SHALL NOT
BE ELIGIBLE TO RECEIVE LOCAL GOVERNMENT FINANCIAL ASSISTANCE
THROUGH GRANTS ADMINISTERED BY THE DEPARTMENT OF LOCAL AFFAIRS
UNTIL SUCH TIME AS THE ORDINANCE OR POLICY IS NO LONGER IN EFFECT. 
 
 
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Update: Wiens measure becomes law, bans sanctuary cities
May 2, 2006 - Kelley Harp, Senate Republican Communications

DENVER - Senate Bill 90, by state Sen. Tom Wiens, R-Castle Rock, was signed into law Monday by Colorado Gov. Bill Owens. The measure prevents cities and local governments from implementing sanctuary policies allowing illegal aliens to live within their borders without any fear of punishment.

The new law accomplishes this by prohibiting the administration of grants by the Department of Local Affairs to any local government that declares itself a sanctuary city.

"Illegal immigration is clearly a major problem in this country," Wiens said. "All levels of government must work together if we want to find practical and effective solutions to this problem. This bill provides the necessary consequences currently missing in state law to punish local governments who instruct their officers to blatantly ignore federal law."

Senate Bill 90, would require all local law enforcement officers to report to federal immigration officials any person arrested in their jurisdiction who they reasonably believe to be an illegal alien. The bill would also require each city and county in Colorado to report to the General Assembly whether or not it has instructed their peace officers to cooperate with state and federal officials in the enforcement of immigration laws.

"This bill received strong bipartisan support throughout the process," Wiens said. "With this in mind, my hope is this bill will encourage important debate on the subject at the municipal and county levels as well as greater enforcement of our current immigration laws."

Senate Bill 90 became law immediately upon the governor's signature.

The key provisions of the statute are as follows:

  • Local governments cannot create a policy that bars police from cooperating with federal officials concerning the status of any person in Colorado.
  • Police must notify the U.S. Immigration and Customs Enforcement agency if a person arrested for a crime is a suspected illegal immigrant.
  • The law does not apply to those arrested for minor traffic infractions or suspicion of domestic violence. However, immigration officials must be told if a person is convicted of domestic violence.
  • Cities and counties must notify local law enforcement officers in writing of their obligation to comply with the law.
  • Cities and counties must file an annual report to the state regarding how many illegal immigrants they reported to immigration officials.
  • Local governments that fail to report suspected illegal immigrants will not be eligible for state grants.

See CAIRCO's summary of SB 90.